I am my Dad’s Executor of his Will. His will left 1/3rd of all liquid assets to Me, my sister and my half sister. In the will he left all of his mineral rights to my sister and I, my half sister was not given any share of his minerals.
I am now having his and two other family members wills probated in Pottawatomie County, OK. In the court filings my half sister is listed as deceased with her two children listed as heirs of my father’s mineral rights. The will was attached to the filings and clearly shows my half sister was not a heir. Oklahoma is not a Forced Heirship State, Louisiana is the only State with forced heirship.
So my question is, will there/should there be a stipulation to the Court that my half sister was not listed in the will as a heir? Am I missing something or is it normal to list all “possible” heirs in a probate case regarding mineral rights ownership? How does this get straightened out in Court? I live in Texas so can’t make the Court Hearings. I ask because as Executor of the Will I’m obligated to see that my Dad’s wishes are carried out. My attorney’s are out of town for the next week so can’t talk to them.
I love my niece and nephew and this has me really perplexed as it puts me in an awkward position.
The court order will, presumably, put the ownership in your sister and yourself.
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So court filings paperwork on the last page says my Attorney will supply a “Petition for Approval of the Final Account and Determination of Heirs, Legatees, and Devisees, and Distribution” will be filed on/or before July 21st of 2026. I guess I need to see that “Petition” to be sure Dad’s wishes are going to be upheld prior to the Attorney filing it with the Court.
Maybe I’m making this harder than it is!
As executor, it is your responsibility to review all documentation and filings. If you do not think it is in compliance with the terms of the will, then you need to ask questions and have it changed as needed. It is always preferable to have it filed correctly the first time. The OK attorney may have included your half-sister because she is entitled to a share of any non-mineral rights, including any surface associated with the minerals. Or he may not have caught the distinction of the minerals or thinks there is some issue with the wording of the will. Is this an ancillary probate (non-resident) or a was your father a resident of OK so this is a distribution of 100% of the estate assets? That can make a difference.
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It is an Ancillary Probate of my Father’s will. The will left my half sister 1/3rd of all liquid assets unless she preceded him in death. She did pass away due to cancer 19 months before he passed. The will states if she precedes him in death her portion of the inheritance returns to my sister and I to share equally. So actually she lost any heirship due to preceding him in death. So yes, I need to see the heirship petition before it is filed. Wish the Attorney had shared the initial petition with me prior to filing it with the Court Clerk, then maybe I wouldn’t have all these questions. Thanks